DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 03292-09
22 February 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
“Records, sitting in executive session, considered your
application on 17 February 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice. . ,
You enlisted in the Navy and began a period of active duty on
28 July 1986 at age 22. During the period from 21 January to 27
October 1988, you received four nonjudicial punishments (NJP’s)
for five periods of unauthorized absence (UA) totaling 80 days,
two instances of disobedience, breaking restriction, failure to
go to your appointed place of duty, and two instances of missing
movement. Additionally, after your first NIP, you were counseled
and warned that further misconduct could result in administrative
discharge action. On 28 October 1988, administrative discharge
action was initiated by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 1 November 1988, your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. On
9 November 1988, the separation authority directed an OTH
discharge by reason of misconduct due to a pattern of misconduct.
However, during the period from 29 December 1988 to 25 January
1989, you received two more NIP‘s for three periods of UA
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your record of six NUP’s, the fact that
you were counseled and warned of the consequences of further
misconduct, and civil conviction. Finally, the Board noted that
you waived the right to an ADB, your best chance for retention or
a better characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
mW. DEAN PFEIFFER
Executive Director
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